As the controversy continues to mount over his eligibility to be the next speaker of the House of Representatives, House majority leader, Femi Gbajabiamila (APC-Lagos) has threatened to sue the Coalition of United Political Parties (CUPP), for defamation of character. The threat was made by the director general of the Femi Gbajabiamila /Ahmed Wase campaign organisation, Abdulmumin Jibrin (APC-Kano) at a press conference in Abuja yesterday; even as Justice Anas Mohammed of the Abuja Grade 1, Area Court in Karshi issued a criminal summons ordering Gbaja to appear on Monday, June 10, to respond to allegations of lying under oath in another case filed by the African Peoples Party, (APP).
The grouse of CUPP, like the APP petition was that Gbaja, while under oath, failed to disclose in the Independent National Electoral Commission (INEC) Form CF 001, which he filled to qualify to contest the general elections; that he had previously been convicted by a court in the United States, and thereby committed perjury. The APP also claimed Gbaja deliberately misled and lied about his conviction and punishment in his INEC forms. The APP had approached the court seeking leave to serve the defendant criminal summons by substituted means for allegedly lying under oath. The complainant also prayed the court for an order to serve the summons on the defendant through the office of the Clerk of the National Assembly.
The petitioner brought the criminal complaint pursuant to Sections 88 and 89 of the Administration of Criminal Justice Act, 2015. The complaint averred that Gbaja was convicted for fraud in the US but lied under oath when he denied in his INEC form that he had never been fined for any offence involving dishonesty or fraud or any offence imposed by a court or tribunal. The APP attached the defendant’s INEC Form CF001 to the suit, and submitted that Gbaja also lied when he stated that he had not in the last 10 years been convicted for an offence involving dishonesty. It attached a copy of the decision of the Georgia Supreme Court, which convicted Gbaja in support of his case.
Speaking on the allegations against Gbaja in Abuja, the National Publicity Secretary of CUPP, Ikenga Ugochinyere, said the documents from the Supreme Court of the State of Georgia showed that Gbaja had been indicted and convicted for a dishonest act. The document dated February 26, 2007, and titled case No. S060829, “In the matter of Femi Gbaja”, signed by Theresa Tee Barnes, Clerk of the Supreme Court of Georgia, revealed that, Gbaja admitted violating rule 1.15 (I) of the Georgia Rules of Professional Conduct, which led to his 36 months suspension from practicing law in the State of Georgia.
The document read in part, “Gbaja who has only been a member of the Bar since 2001, admits that he accepted payment of $25,000 as settlement of a client’s personal injury claims, deposited those funds in his attorney’s trust account in January 2003, failed to promptly disburse those funds to his client, withdrew those funds for his own use, closed practice and moved out of the country.”
Ugochinyere accused President Buhari and the ruling APC of fighting a fake anti-graft war, which he said was being used to intimidate political opponents. “How can a so-called clean president be lobbying, coaxing, coercing and mobilizing House of Representatives members-elect to step down and support a man who has been convicted in the USA by the Supreme Court of the State of Georgia for willful dishonesty? How could the president be demanding that Femi Gbajabiamila, a man convicted of dishonest acts, be anointed and imposed to occupy the speakership of the House of Representatives? CUPP is not interested in who parliamentarians decide to elect to lead the Ninth Assembly, what we are saying is that a man who has been convicted of dishonest acts and who is constitutionally ineligible to even come near where leadership questions are asked and answered should not be rail-roaded into the speakership of the Nigerian Parliament.”
He said his group had secured the nod of the FCT court to commence criminal proceedings against Gbaja for the offence of perjury and giving false information under oath. “This criminal case is instituted because in 2003, 2007, 2011, 2015 and most recently 2018, preparatory to the 2019 elections, Femi Gbajabiamila in answer to questions contained in the INEC form CF001 gave false evidence and information on oath to the commission when he denied and claimed that he had never been indicted by a tribunal, court panel for fraud or dishonesty. Yet it is the finding of the Supreme Court of the State of Georgia which in a unanimous decision found him guilty and sentenced him to 36 months disbarment as against the punishment of lifetime disbarment because he pleaded guilty and repaid the money to his client, which was done after three years of running away with the money.” Ugochinyere called on all lawmakers-elect to reject Gbaja by not electing him as speaker.But Jibrin discounted what he described as “a reoccurring fabrication of false accusations and outright lies against the person of the Leader of the House of Representatives, Hon. Femi Gbajabiamila,” saying it was part of a conspiracy to smear Gbaja and truncate his ambition to be the next House Speaker. “For the benefit of doubt, we wish to once again state emphatically that Femi Gbajabiamila has never been convicted for any crime in the United States of America, Nigeria or any other country around the world for that matter. He has never been accused of corruption and has no corruption case hanging on his neck in Nigeria or anywhere around the world. He has not committed perjury and has never committed perjury in Nigeria or any country of the world. He was eligible to contest in all previous elections he won and indeed eligible and qualified to contest for the office of Speaker House of Representatives in the 9th Assembly,” he said
Jibrin insisted that Gbaja has never been convicted nor served any court document hence he would be on the floor of the Green chamber to participate in the election on June 11 despite the campaign of calumny. He also said that the Inspector General of Police had been petitioned and urged to go after the leadership of the CUPP with a view to investigating the source of their information and to identify their collaborators in the federal parliament.
Jibrin said Gbaja had on several occasions, responded to the allegations and provided clarifications and set records straight that the allegations had been tested and struck out in our court of law. According to him, the State Bar of Georgia has also written and categorically stated that there is no criminal conviction in the matter relating to Gbaja and he is currently an active member in good standing with the State Bar of Georgia.
He said that Gbaja had not been served any summons by a Magistrate Court neither has he been notified by the Clerk of the National Assembly. Jibrin said the campaign team was worried that those behind the antics were trying to drag the Judiciary and revered judges to what was clearly a hatched Job. The lawmaker said that the Judiciary must not allow itself to be mixed in such cocktail of dirt. He urged the general public to disregard the falsehoods being peddled around as it was very strange that a private citizen or organisation file criminal charges against an individual.
According to him, Gbaja in his usual manner has maintained a dignified silence knowing truth to be a constant. “However, he has now instructed his lawyers to take every necessary legal step against all those involved, their three parliamentary conspirators and sponsors to seek redress and sue for defamation with immediate effect.“ Jibrin said that the team had written a petition to the Inspector General of Police and other security agencies to get to the bottom of the matter and take all necessary action against CUPP and their sponsors.
In a related development, a socio-cultural group, the North Central Inter-religious Inter-tribal Political Forum for Peace, Development and United Nigeria, has called on the members-elect not to elect any member with alleged criminal records as the Speaker. At a briefing in Abuja yesterday, the group’s Publicity Secretary, Hon. Aaron Ohimini, said information available to the public so far indicated that two of the aspirants for the exalted position were alleged to be having criminal records.
According to him, Gbaja, the anointed APC candidate, has been facing allegations of perjury for a long time. He also noted that another contender, Mohammed Bago, had recently been dragged to court over allegations of fraud he allegedly committed while working with Afribank (Polaris). He stressed that the House should rather elect members with no criminal record as its leaders to work with President Muhammadu Buhari who had zero tolerance for corruption in order to move the country forward.
“Corruption has been the bane of our national development; we must try not to enthrone anyone with allegations of criminality hanging on his neck. In this matter, perception is key; and having someone with dented image will send a dangerous signal to the international community. President Muhammadu Buhari is a man of impeccable character and integrity with no affinity to corruption. We have many members-elect without any allegation of corruption hanging around their necks and with requisite experience to steer the course of the House.
“Gbajabiamila and Bago are not particularly fit and proper persons for the Speakership position in the country. Gbajabiamila has been reportedly convicted in relation to the sum of 25,000 dollars by the Supreme Court of the State of Georgia. He has been presently dragged to court to clear his name. ” he said. According to him, Bago’s eligibility too has been called to question. “It has been reported that he had been charged on account of an allegation that he committed fraud while in the defunct Afribank, now Polaris Bank. “He should clear his name first before attempting to contest.”
He noted that there are members without blemish and with impeccable records contesting the Speakership. Ohimini noted that Hon. Olajide Olatubosun, an alumnus of the prestigious University of Lagos, who is also a Chartered Accountant, is in the race. Olatubosun is a member of the House representing Saki West/Saki East/Atisbo Federal Constituency of Oyo State and a second timer in the green chamber. “I think he is the best from the South West who has no known report of criminality. “Nigeria deserves a Speaker whose past will not hunt the House in particular and the country in general,” he stressed.
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